GENERAL COMMITTEE DEFERS CONSIDERATION OF

UNCLAS USUN NEW YORK 000157

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNGA XA XG
SUBJECT: GENERAL COMMITTEE DEFERS CONSIDERATION OF
"UNIVERSAL JURISDICTION"


1. Summary. The UNGA General Committee met February 18 to
consider inscription of two new items on the agenda of the
63rd General Assembly. The Committee decided to inscribe the
item on financing activities related to SC resolution 1863
but deferred consideration of the Tanzanian request for a new
item on "Universal Jurisdiction". End Summary.


2. The Secretary General submitted a request to inscribe an
item entitled, "Financing of the activities arising from
Security Council resolution 1863 (2009)". Resolution 1863
concerning Somalia, adopted by the Security Council on
January 16, contained provisions which required Fifth
(Budget) Committee action to fund. The General Committee
decided to inscribe this item and allocate it to the Fifth
Committee. The General Assembly is expected to adopt the
General Committee's recommendation on Friday, February 20.


3. Action on the request by Tanzania on behalf of the
African Group to inscribe an item entitled "Abuse of the
principle of universal jurisdiction" was postponed pending
completion of discussions between interested delegations.


4. The explanatory memorandum submitted with the Tanzanian
request, indicated that the African Union supports the
principal of universal jurisdiction within the context of
fighting impunity as well as the need to punish perpetrators
of genocide, crimes against humanity and war crimes but
"opposes the selective and abusive application of the
principle against African leaders". Several indictments
issued by European judges have given rise to an African Union
(AU) - European Union (EU) dialogue on this subject. They
have formed a Commission, composed of six independent experts
nominated (3 each) by the groups. A preliminary Report has
been presented and a more definitive report is expected to be
issued in April.


5. The EU, is concerned by the African move to bring this
matter to the Assembly. The Czech Permanent Representative
(EU President) and Tanzanian Permanent Representative are
discussing the title and timing of the new item as well as
the anticipated outcome. The EU does not plan to oppose the
item but is seeking: a more neutral title, "Scope of" vs.
"Abuse of" the principle of Universal Jurisdiction;
allocation of the item to the Sixth (Legal) Committee rather
than the Plenary; and delay in consideration of the matter
until later in the session. (Note: The Sixth Committee has
completed its work and would have to be reconvened.)
Although the African request did not specify an outcome for
the item, the Africans have a draft resolution which they
have not yet shared with the Europeans. Comment. The EU's
efforts move this matter in the right direction. We expect
that some progress on their stated objectives will be
achieved and the matter will come before the General
Committee in the near future. End Comment.
Rice